3721. Scope of Employment--Peace Officer's Misuse of Authority Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] must prove that [name of agent] was acting within the scope of [his/her] [employment/authorization] when [name of plaintiff] was harmed. The conduct of a peace officer is within the scope of [his/her] employment as a peace officer if all of the following are true: (a) The conduct occurs while the peace officer is on duty as a peace officer; (b) The conduct occurs while the peace officer is exercising [his/her] authority as a peace officer; and (c) The conduct results from the use of [his/her] authority as a peace officer. ________________________________________________________________________________ New September 2003